CP# 1995-14893 (2006). OLGA KARAK, Petitioner v. E.I. DUPONT, Respondent.

• Court: New Jersey

New Jersey Worker's Compensation 2006. CP# 1995-14893 (2006). OLGA KARAK, Petitioner v. E.I. DUPONT, Respondent CP# 95-14893 Karak v. E.I. DuPont.NEW JERSEY DEPARTMENT OF LABOR and WORKFORCE DEVELOPMENT DIVISION OF WORKERS' COMPENSATION CAMDEN, CAMDEN COUNTY DISTRICT CLAIM PETITION # 1995-14893OLGA KARAK, Petitioner, v.E.I. DUPONT, Respondent,BEFORE: THE HONORABLE RICHARD E. HICKEY, III Administrative Supervisory JudgeAPPEARANCES: PUFF and COCKERILL, L.L.C BY: JEFFREY V. PUFF 122 Delaware Avenue P.O. Box 684 Woodbury, New Jersey 08096-0684 856-845-0011 Attorneys for PetitionerCAPEHART and SCATCHARD, P.A. BY: LORA V. NORTHEN, ESQ. 8000 Midlantic Drive, Suite 300 Mt. Laurel, New Jersey 08054 Attorneys for RespondentThis matter was initially tried before the Honorable Matthew Parks, Judge of Compensation, who has since retired. Judge Parks dismissed the claim petition relying on the case of Cairns v. The City of East Orange 267NJSuper 395 (App. Div 1993). He found that the stresses leading to the petitioner's suicide were not peculiar to the employment of the petitioner with the respondent. The Appellate Division of the Superior Court concurred with the findings of Judge Parks and affirmed his decision dismissing the claim for occupational stress. The Appellate Division also reversed in part and remanded to the Division of Workers' Compensation the issue of medical malpractice by co-employees pursuant to the principles set forth in Hocksby v. DiPietro 165 NJ 58 2000) The sole issue remaining on remand is consideration of Olga Karak's claims as to malpractice by Nurse Sparks, Counselor Gamballe, and Dr. Weiss, co-employees of John Karak. It is important to know the educational and professional background of these three individuals, in the employ of DuPont, who are the subject of this litigation. John Gamballe has been employed by DuPont, for approximately thirteen years, is a licensed psychologist in Pennsylvania. However, he held no such license in New Jersey. He is and was at the time certified in drug and alcohol counseling. He also held an employee assistance consultant certificate. Dr. Robert Weiss, MD is a medical doctor and is board certified in internal medicine and occupational medicine. Everett C. Sparks, RN is a registered nurse with postgraduate study in physical rehabilitation medicine and held a position as Safety Consultant at the plant in 1994. Negligence is a theory generally foreign to Workers' Compensation, but clearly it must be applied in the case at bar. Since the underlying fear of the plant closing has been determined by the Appellate Division not to be a compensable fear and/or stressor, the actions of the three co-employee professionals cannot be deemed derivative to a compensable occupational claim. "The law recognizes that medicine is not an exact science and does not make the care providers guarantors of the cure of the patient. A healthcare provider must act with that degree of care, knowledge, and skill ordinary possessed and exercised in similar situations by the average member of the profession practicing in that field." Walck v. Johns-Manville Products Corporation 56 NJ 522 (1970), Aiello v. Muhlenberg Regional Medical Center 159 NJ 618 (1999) Schueller v. Alexander Strelinger 43 NJ 204 (1964), Krego v. Louis Carp DO and John Mariani DO 295 NJ Super 565...